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Project

PROJECT: JI2024JVO Location:


Client PSS NETHERLANDS B.V
THAI PUBLIC COMPANY LIMITED BUYER
(COMPANY):
Requisition 2057-000-MS-PRQ-020014 Items: attached
No.:
-
BIDDER: Quote Ref.: -

Bid Clarifications Request No. 1 (Date: 05-February-2024)

Item BUYER’s (Petrofac) Queries BIDDER’s Response

1 All the requirements shall be as per BUYER’s original inquiry,


subsequent bid clarifications & correspondences exchanged
between BUYER & BIDDER and meetings held with the
BIDDER.

2 BIDDER shall confirm compliance with the following documents:

a) Special Terms & Conditions of Purchase


b) Petrofac General Terms & Conditions of Purchase (Rev 6)
c) Special Terms & conditions for Site Services
d) General Terms & Conditions for Site Services

These terms are binding and are an integral part of the eventual
PURCHASE ORDER. All terms & conditions referenced in, or
attached to BIDDER’s quotation are hereby expressly declared
null and void.

Deviations, if any, to the above terms & conditions shall be


submitted to BUYER’s review in the Deviation Form.

3 GOODS shall be packed in a safe and secure manner suitable


for multi-modal (Air/Sea & Road) transportation and multiple
handling in accordance with guidelines provided in the General
Terms & Conditions of Purchase, the Project Specifications and
Packing, Marking & Shipping Procedure.

After the issue of PURCHASE ORDER, BIDDER shall submit a


detailed packing specifications and procedure for BUYER's
approval. This procedure shall be in compliance with the
requirements of the PURCHASE ORDER and shall ensure that
all items within a package are securely fastened to package to
avoid any collision of the contents of the package with each other
or with the walls / roof of the package during transportation. The
procedure shall also include transportation drawings indicating
all details & measures for safe handling during multi-mode
transportation.

4 Items for individual identified area shall be segregated and


packed, marked & colour coded separately for better
identification & tracking at the PROJECT SITE. Details shall be
provided separately after the placement of PURCHASE ORDER.

Bid Clarifications Request Page 1 of 5


Item BUYER’s (Petrofac) Queries BIDDER’s Response

5 Overage / Shortage

BIDDER is not allowed to deviate from the line item quantities as


specified in the PURCHASE ORDER or it's attachments. Over
deliveries will not be accepted and consequently not paid for,
unless explicitly agreed by BUYER in advance in writing.

The cost for the return of over deliveries is for BIDDER's account.
Not following the above instructions shall delay the release of
BIDDER's invoices, especially if "over deliveries" are stated on
the invoices. "Under deliveries" (delivery of quantity less than
ordered by BUYER) are not acceptable.

6 BIDDER shall provide preliminary packing list complete with


shipping weights & dimensions for each package and shipping
volume.

BIDDER shall also confirm the number of containers required.


(Pl Ref to attached Sample Packing list)

7 Delivery term shall be in accordance with Incoterms 2000.

GOODS shall be delivered FOB nearest International Seaport


(one single location). BIDDER shall advise the name of the
seaport.

In addition to the FOB term, stowage, dunnage, lashing &


securing of the GOODS in the shipping vessel named by
BUYER's nominated freight forwarder are included in the
BIDDER's scope and this shall be deemed included in the
PURCHASE ORDER PRICE.

Where required, container stuffing is also included in BIDDER's


scope and this shall be deemed included in the PURCHASE
ORDER PRICE.

8 BIDDER shall indicate the shortest delivery time in calendar .


weeks, taking into account vacation periods and statutory
holidays, on FOB Port of Shipment basis, from the date of issue
of Letter of Award / PURCHASE ORDER (EFFECTIVE DATE of
PURCHASE ORDER).

Delivery shall be in accordance with INCOTERMS 2020 edition.

All resources, planning, execution of the WORKS and ARH


approval under the PURCHASE ORDER by the BIDDER shall
be based on the Delivery Dates and Terms specified above.

Normal or planned shut downs, closures, holidays shall have no


impact to the Delivery Dates for any reasons whatsoever.

Within the agreed Delivery Dates, manufacturing priorities shall


be elaborated during execution & manufacturing and delivery
shall be according to priorities defined by BUYER.
Earlier (partial) delivery is subject to BUYER's prior written
approval. In case BIDDER decides to complete one or more of
the items ordered in advance of the Delivery Dates, BIDDER
shall store and maintain such items in accordance with BIDDER's
instructions for storage and maintenance.

Bid Clarifications Request Page 2 of 5


Item BUYER’s (Petrofac) Queries BIDDER’s Response

9 Free Storage
BIDDER shall provide free storage of GOODS at BIDDER's
location after issuance of the Shipping Release Note by BUYER
for a period of sixty (60) calendar days in order to facilitate the
collection and shipping of the GOODS. The cost of such storage
and handling are deemed to be included in the PURCHASE
ORDER PRICE and Unit Prices.

BIDDER shall be responsible for the safety, preservation, risk of


loss / damage to the GOODS & insurance of the GOODS during
the free storage period.
10 BUYER reserves the right to place full time Resident Inspectors
and Expeditors at the manufacturing locations to monitor the
quality and progress of the PURCHASE ORDER. Full
cooperation shall be extended by the BIDDER & SUB-BIDDERS.
BIDDER shall provide an office space with normal
communication facilities (including internet connection,
secretarial assistance) free of charge and extend full cooperation
to the nominated inspectors & expeditors.
11 BIDDER shall provide shipping documents as per Petrofac
PROJECT requirements (refer Packing, Marking and Shipping
Procedure).

Shipping documents shall be provided for each shipment / split


shipment.

Draft Shipping Invoice, Packing List, Certificate of Origin and


other shipping documents shall be prepared in full compliance
with the Packing, Marking and Shipping Procedure and these
documents (in electronic format) shall be sent in advance to
BUYER's office for review and approval.

12 Petrofac proposes the following payment terms for BIDDER’s


review and acceptance.

Payment of BIDDER’s invoice will be 100% advance payment


after receipt of BIDDER’s correct & complete proforma invoice by
Petrofac Accounts Department OR the completion of respective
payment milestone, whichever is later.

The following payment schedule shall apply:

Bid Clarifications Request Page 3 of 5


Item BUYER’s (Petrofac) Queries BIDDER’s Response

12.1 100% of PURCHASE ORDER PRICE, upon delivery of all


GOODS for each delivery lot as per agreed delivery terms. The
following documents shall accompany SELLER’s invoice for
payment:

a) PURCHASE ORDER acceptance duly signed & stamped


by SELLER’s authorised representative without any
restrictions / provisions;

b) Packing List;

c) Legalised Certificate of Origin

d) Shipping documentation including Forwarder's Certificate


of Receipt, Bill of Lading / Air way Bill (as applicable) and
any other documents as per Packing, marking and
Shipping Procedure;

e) Copy of Inspection Release Note (IRN) issued by BUYER


or BUYER’s authorised / nominated Third Party Inspection
Agency.

f) Copy of Shipping Release Note issued by BUYER;

g) Copy of Certificate of Release issued by BUYER.

12.2 Note: All payments shall be effected by the BUYER on advance


payment basis through wire transfer. No Letter of Credit facility
shall be arranged by the BUYER for any reasons whatsoever.

13 BIDDER shall not change or demobilize the key personnel


nominated for the execution of PURCHASE ORDER without
prior written approval from Petrofac. (If applicable)

14 BIDDER shall nominate a senior management executive as the


Project Sponsor from the EFFECTIVE DATE of PURCHASE
ORDER until the completion of the Warranty Period.

15 Price Schedule for Optional Items

BUYER reserves the right to exercise the option of ordering the


optional items by issuing a CHANGE ORDER or a separate
PURCHASE ORDER during the tenure of PURCHASE ORDER.

Prices include management, performing engineering,


documentation, inspection, testing and services to perform the
work under the PURCHASE ORDER in a safe and efficient
manner by the BIDDER. The Prices shall also cover the provision
of required consumables, items of permanent and temporary
nature, all approvals, authorizations, permits, import, export
licenses to the extent required for the original quantities. Unit
Prices are also inclusive of all taxes, duties, levies, imposts,
territorial agency commissions and the likes at all locations,
country, or countries where work under the PURCHASE ORDER
will be performed.

The Prices for optional items shall remain firm, fixed and valid
until completion of Scope of Supply / Work.

Bid Clarifications Request Page 4 of 5


Item BUYER’s (Petrofac) Queries BIDDER’s Response

16 Unit Prices for addition / deletion: The Unit Prices shall be .


applicable for any variation in the Scope of Supply / work.

The Unit Prices shall remain firm, fixed and valid until completion
of Scope of Supply / Work.

17 All the rates, sums and prices shall remain fixed and firm
throughout the tenure of the PURCHASE ORDER and neither
subject to any revision or escalation for whatsoever reason, nor
to any adjustment due to currency fluctuations.

19 Validity of quotation shall be for a period of 30 days from the date


of BIDDER’s FINAL quotation.

20 BIDDER shall advise the entity name and full address on which
the Purchase Order (if any) shall be placed.

BIDDER to provide Trade licence & commercial registration copy


for the proposed Order Entity.

21 BIDDER shall advise the proposed manufacturing, inspection &


delivery location with complete address.

22 BIDDER’s Bank Details:


BIDDER shall complete the attached form (Appendix 1) with all
relevant information, print the same on the letter head, date, sign
& put company seal and return the document in PDF file to
Petrofac.

Note:
The Beneficiary’s Name & address should be same as provided
in Item 20 above and the Bank account should exist in the same
country of BIDDER’s Ordering Entity.

23 Third Part Inspection:

The inspection shall be done as per approved ITP by BUYER


Representative / BUYER nominated Third Party Inspection
Agency and/or USER nominated Third Party Inspection Agency.
The cost of nominated Third Party Inspection agencies shall be
borne by BUYER/USER. However, liaisoning with the Third Party
Inspection Agency shall be done by BIDDER. BIDDER’s
representative shall be available during inspection at SUB
BIDDER’s location.

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